Uncontested(?) and out of state


#1

Would like to know what options I have. Have been living apart and out of state from spouse for 6 years. No contact in last 3. Spouse has moved and I do not know current location and would like to file for divorce and move on with life, but I’ve been living in another state for the same 6 years the entire time. No joint assets or accounts, or liabilities to anyone. When in contact, could not agree on much beyond things are done, but no “official” legal separation was made, but it’s time to move on. What can I do if I cannot find them and wish to file for a divorce? What’s the waiting periods? Where do I have a hearing if traveling across the country for a court date isn’t possible? Can I even file for a divorce?


#2

Forgot to add that we do not have any children, pets, or property together.


#3

If you are in North Carolina, so long as you have lived here for 6 consecutive months you may file for divorce here. You do have to serve your spouse with the divorce complaint, however, if you can’t locate her you can file by publication. We discuss this in our DIY Divorce eBook DIY Divorce eBook.


#4

Thank you for the reply. I waited a few days to see if someone might respond. I am not in NC anymore. I moved away in 2010. I did live there for 5 years, that entire time with my spouse. She still lives there, but unsure where. We have had no contact at all for quite sometime (~3 years). Can I still file even though I do not live in NC or am I out of luck?


#5

You can file for divorce here if either the Plaintiff or Defendant have lived here for six moths preceding the filing. You may have a hard time proving jurisdiction is proper here, however, if you are unable to locate her.